In response to a Miami Herald investigation, Florida State Senator Ileana Garcia has proposed a new bill aimed at strengthening penalties for boating accidents, particularly those resulting in severe injuries or fatalities. The bill, SB 58, is designed to align boating penalties with those for motor vehicles, calling for more stringent consequences in boating accidents.
The bill was introduced after the tragic death of 17-year-old Luciana ‘Lucy’ Fernandez in a boating crash on September 4, 2022. On that Labor Day weekend, George Pino crashed his boat into a concrete channel marker in Biscayne Bay, killing Fernandez and injuring her classmate, Katerina ‘Katy’ Puig. While initially charged with only three misdemeanors for careless boating, Pino later faced a more serious charge of vessel homicide after a new witness came forward, suggesting Pino may have been intoxicated during the crash.
Senator Garcia, a Republican from Miami, was prompted to introduce the bill following the Herald’s reporting on the case. SB 58 proposes increasing penalties for reckless or careless boating accidents, making them a third-degree felony, which could result in up to five years in prison and a $5,000 fine. The bill would also require boaters to carry a boating card, similar to a driver’s license, showing that they’ve completed a safety course.
Additionally, the bill calls for stricter penalties for refusing an alcohol breath test after a boating accident. In the Fernandez case, Pino did not take a breath test, and investigators did not seek a warrant for a blood draw, despite evidence suggesting impairment.
Advocates, including the Fernandez family, have been pushing for tougher boating safety laws. The proposed changes, Garcia stated, are necessary to create a safer boating environment in Florida. The Florida Legislature will review the bill when it convenes on March 4.
